STATE OF MAHARASHTRA Vs. GUNTABAI ALIAS BHAGIRATHBAI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Bombay High Court dismissing the appeal filed by the State of Maharashtra questioning the correctness of the judgment of acquittal passed by the learned Addl. Sessions Judge, Nasik in Sessions Case No. 87/87. Three persons including the present respondent No. 1 faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC ) so far as present respondent No. 1 is concerned, and Sections 498A read with Section 34 IPC so far as all the three accused persons are concerned.

(2.) The prosecution version as unfloded during trial is as follows :

(3.) In the present appeal, learned Counsel for the State submitted that the view taken by the Trial Court as affirmed by the High Court is clearly contrary to the view expressed by a Constitution Bench of this Court in the case of Laxman v. State of Maharashtra .